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Roger Intentionally Set His Residence on Fire in Order to Collect

Question 143

Multiple Choice

Roger intentionally set his residence on fire in order to collect insurance proceeds.While the fire was being fought,the police arrived to help with the crowd of onlookers.Roger realized he had done something wrong and went to one of the police officers and told the officer that he had started the fire intentionally.The police officer did not give Roger the Miranda warnings.Roger was not a suspect at the time he made the confession.What is the most likely outcome if Roger tries to have the confession excluded from evidence at trial?


A) Because the Miranda warnings were not given, the confession must be excluded.
B) Because Roger was not in custody, was not a suspect, and was not being questioned about the fire, the Miranda warnings did not need to be given and the confession may be admitted as evidence.
C) Because the police did not have an arrest warrant, the confession cannot be admitted because the Miranda warnings were not given.
D) Because the 5th Amendment requires exclusion of any incriminating evidence, the confession cannot be used.
E) Because the Fourth Amendment requires the exclusion of any incrimination evidence, the confession cannot be used.

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